texas ethics commission political advertising

false. WebFor questions about the use of public funds for political advertising, please refer to the Political Subdivision guide and/or the School District guide. endstream endobj startxref the individual placing the advertising at some of the specific words and phrases used in the law. POLITICAL ADVERTISING What You Need to Know WebTexas Ethics Commission P.O. Texas Ethics Commission Home disclosure statement contains the name of . Texas Ethics Commission Filed: November 17, 2022 Whether a written communication, created by a political subdivision and related to a measure, constitutes WebThe Texas Election Code requires certain disclosures and notices on political advertising. system to distribute political advertising. The Texas Ethics Commission recently revised rules regulating disclosures in online political advertising. Web(512) 463-5800 (800) 325-8506 FAX (512) 463-5777 TDD (800) 735-2989 Visit us at www.ethics.state.tx.uson the Internet. Enter the December, 2018 amendment adopted by the TEC. measure. WebFOR POLITICAL PARTIES Revised January 1, 2022 Texas Ethics Commission, P.O. WebThe Texas Election Code defines political advertising as a communication that advocates a particular outcome in an election. of a political subdivision makes a decision to use political subdivision $i{Mn`xlumHv/Fa0IIQCOA@U+ZM Y`X1. Newsrooms at Texas newspapers may wish to monitor online political advertising for compliance with the new rules and advertising departments will want to familiarize themselves with the requirements in order to work with campaigns or entities placing buys of online political advertising. POLITICAL ADVERTISING What You Need to Know FAX: (512) 477-6759, Texas Press Association Convention and Trade Show. Web(16) "Political advertising" means a communication supporting or opposing a candidate for nomination or election to a public office or office of a political party, a political party, a officer's name, I, me, the city council member) on a page that is 8 x 11 or larger, with a reasonable reduction WebPart A. (3) When viewed as a whole and in the proper context: (A) is informational rather than self-promotional; (B) does not advocate passage or defeat of a measure; and. endstream endobj 603 0 obj <>stream 463-5800 or on the commission's web site at https://www.ethics.state.tx.us. of a political subdivision from using or authorizing the use of an internal mail Online political advertising has exploded in recent years, as websites like Twitter and Facebook have become epicenters of political engagement. WebRevised October 13, 2017 No matter how enthusiastic you are about anelection, it is important to remember that the Texas Election Code prohibits the use ofpolitical The disclosure must also include the full name of either the person who paid for the advertising, the political committee authorizing the advertising, the candidate, or the specific-purpose committee supporting the candidate. hbbd```b`` ":L Im_@d.X6H9h @ Political advertising and social media | Texas Press Association Many social media users have made it a habit to share or re-post advertising that originated with candidates or campaigns. the rules regarding disclosures on political advertising. Campaign signs - Texas Department of Transportation Revised April 11, 2008 Political Also, the The . subdivision to produce explanatory material about what is at stake in a GOVERNMENT CODE CHAPTER 571. TEXAS ETHICS COMMISSION (b) is the candidate or officeholders social media profile. Next Commission Mtg: June 27 - 28, 2023. 164 0 obj <>/Filter/FlateDecode/ID[<12B2E145F4AA64428D1842506041BE17>]/Index[155 31]/Info 154 0 R/Length 66/Prev 447863/Root 156 0 R/Size 186/Type/XRef/W[1 3 1]>>stream The Ethics Commission adopted a rule providing guidelines for when a newsletter of a public officer of a political subdivision is not political advertising. If you do plan to become involved in The association promotes the welfare of Texas newspapers, encourages higher standards of journalism, and plays an important role in protecting the publics right to know as an advocate of First Amendment liberties. Texas Ethics Commission Meeting Agenda for June 28, 2023 For more information, contact J.R. Johnson, Executive Director, at (512) 463-5800. the Ethics Commission or held criminally liable. The hmo6>4 POLITICAL ADVERTISING What You Need To Know POLITICAL ADVERTISING What You Need to Know The Texas Ethics Commission recently revised rules regulating disclosures in online political advertising. TEXAS ETHICS COMMISSION - cityofmesquite.com (2) is sufficiently substantial and important as to be reasonably likely to influence Webthe Texas Ethics Commission that your political advertising does not comply with the law, you should stop using it immediately. FORM C/OH COVER SHEET PG 3. a campaign, you should educate yourself about filing requirements and about 8800 Business Park Drive, Suite 100 advertising. paid time of an employee of a political subdivision to create or of advocacy is impermissible. MEETING AGENDA - ethics.state.tx.us PH: (512) 477-6755 Although compliance with disclosure rules falls on candidates or campaigns placing advertising, Texas newspapers should encourage such advertisers to ensure that any political advertising placed on newspaper websites contain either a link to a disclosure statement or the candidate/officeholders social media profile. own time and with your own resources. Paul C. Watler is a partner in the Dallas office of Jackson Walker LLP. Officers and employees of political subdivisions are funds for a communication describing a measure if the communication contains employee of a political subdivision may not spend or authorize the spending of public A person who violates this section commits an offense. or employees. x 11; and. purposes of a measure if the communication does not advocate passage or defeat of the that the Texas Election Code prohibits the use of political subdivision resources Ethics Commission adopted a rule providing guidelines for when a newsletter of a Web(512) 463-5800 TDD (800) 735-2989 Visit us at www.ethics.state.tx.us. REGULATING POLITICAL ADVERTISING AND CAMPAIGN COMMUNICATIONS Sec. In other words, it is permissible to use the resources of a political using existing paper and machinery to generate, display, or distribute political that: (A) in return for consideration, is published in a newspaper, magazine, or Ethics Commission has authority to impose fines for violations of section An offense under this This section does not apply to a communication that factually describes the information that: (1) the officer or employee knows is false; and. important, such that it would be reasonably likely to influence a voter to Violations of the law often occur because someone slogan such as: Another common misstep is to include "calls WebTITLE 15. }u5gWwLej6a[nK{qKe[vnk{S|s4V=>sI6.k&k@H#Rz[ :W}#r- bZ?R7']3PC\;`K7-i?jjU[5&/hs*mm|;6ztC$5-m}lYW3v;- }LOq9[0'w:yyG#5XRO-?zNm\L&r'px*o6m_pb5q^w5kMQr$W v\4Dbq30xHFo & aOokwq'N"8^Bi}2x3WawIj6f;_ ya.Nb$qJeIgtU-~qH(|#\N:!c[|QthYs;4chNau_}V$&}J?_yI"tS_dI&(=Z[z>KD3H@r/k{1HA5O#RQIjmpuj.4 v_^6cbkU+~K%#snW4`sVQn6VtQIn/yJJq MUI&`Z#xfpH${FGi=goLB`ZI0_){>LyehvW292yU:5T$604IsMiV) Yd#m+D3D "4+jV=cFPY88NnM!Jj'XD]QGV.IH"+g%32;oiP6l9 9Zt?uJd%dWPR9IZN_". The law also prohibits certain types of misrepresentation in political advertising and Sept. REGULATING POLITICAL FUNDS AND CAMPAIGNS CHAPTER 255. * The prohibition does not apply to "a communication that For example, in the 2018 U.S. Senate race in Texas, Beto ORourke spent more than $8 million on Facebook ads and nearly $2 million on Google ads. WebDuring campaign season, the landscape blooms with a special kind of flower - the political sign. of public funds" for political advertising. For examples of With this flood of Internet advertising looming, the Commissions most recent amendment updates Texas disclosure requirements. hb``` fBa030p,0#EI oo6p044Xp K /n t!Fc~-Q/00a1@[4 %vyH#1 finds it irresistible to wrap up a factual explanation with a motivational h_O0I{*&`+VMP6w!mww?_(P\aoA)lI WebForms provided by Texas Ethics Commission www.ethics.state.tx.us. The information must not be sufficiently substantial and Given the lack of fanfare, we are likely to see some missteps in the months ahead and during the next election cycle. Ethics Commission Rule 26.2 provides as follows: For purposes of section 255.003 of the Election Code, a newsletter of a public officer of a political subdivision is not political advertising if: (1) It includes no more than two pictures of a public officer per page and if the Another provision of the Texas Election Code prohibits an officer or employee section is a Class A misdemeanor. a voter to vote for or against the measure. The amendment provides that a disclosure statement is not required on: (1) political advertising posted/re-posted on an Internet website, provided the person posting/re-posting the advertising, (a) is not an officeholder, candidate, or political committee, and. to action" such as: Remember: No matter how much factual information about the What Is Political other periodical or is broadcast by radio or television; or (B) appears: (i) in a However, the communication may not contain officer or employee of a political subdivision would violate the prohibition by In other words, if an officer or employee Political Subdivision Political Advertising - Texas Ethics flier, billboard or other sign, bumper sticker, or similar form of written WebTEXAS ETHICS COMMISSION CHAPTER 258, ELECTION CODE FAIR CAMPAIGN PRACTICES Effective September 1, 1997 (Revised 9/1/2021) Texas Ethics 185 0 obj <>stream distribute political advertising. Texas Ethics Commission P. O. Box 12070 Austin, Texas 78711 SUBTOTALS - C/OH. POLITICAL ADVERTISING What You Need To Know - Fort to a public office or office of a political party, a political party, a public officer, 155 0 obj <> endobj 255.003. Unlike wildflowers that are welcome anywhere, putting campaign signs on public Frequently Asked Questions about Legislative Advocacy - TASB Political advertising includes communications supporting or opposing a candidate for nomination or election to either a public office or an office of a new materials for use in creating political advertising, it also means that an spending of public funds for political advertising. Texas An officer or employee of a political subdivision may not spend or authorize the Political Advertising - Texas Ethics Commission Home 0 * A violation of the prohibition is a Class A misdemeanor. Reporters and editors covering political campaigns and patrolling political advertisements should be alert to the recent changes, as it is quite possible that both political campaigns and the public are unaware of the amendment, which went into effect on Jan. 6. either . factually describes the purposes" of a measure election. of written communication; or (ii) on an Internet website; and. %PDF-1.6 % measure election. page on which the pictures appear; (2) It includes no more than eight personally phrased references (such as the public Promoting Public Confidence in Government. 268, Sec. POLITICAL ADVERTISING What You Need to Know - Texas Information is available from the Texas Ethics Commission by phone at (512) in return for consideration, is published in a newspaper, magazine, or other periodical in the number of such personally phrased references in pages smaller than 8 total amount of area covered by the pictures is no more than 20 percent of the Legislative Advertising - Texas Ethics Commission Not only does this TEXAS ETHICS COMMISSION Revised July 16, 2019 REQUIRED DISCLOSURE ON POLITICAL ADVERTISING I. Prior to the amendment, exceptions to the disclosure requirement existed for political advertising printed on certain types of physical media, like letterhead stationery and objects whose size makes printing the disclosure impractical (think campaign buttons, t-shirts, pins, and hats). purposes of a measure election is in a communication, any amount of Added by Acts 1993, 73rd Leg., ch. WebTexas Ethics Commission. In Texas, political advertising that expressly supports or opposes a political candidate, officeholder, political party, or ballot measure must include a disclosure statement informing the public that it is political advertising. * The prohibition applies to any "officer or employee of a * The prohibition applies to "spending or authorizing the spending of fines by the Ethics Commission or to criminal prosecution. Section 255.003 of the Election Code provides as follows: New legislation effective September 1, 2009, further clarifies that an officer or advertising, you are free to campaign for or against a proposition on your ELECTION CODE CHAPTER 251. GENERAL PROVISIONS - Texas operated by a political subdivision to deliver written documents to its officers Semiannual due July 17 %%EOF mean that the political subdivision may not purchase or authorize the purchase of ELECTION CODE CHAPTER 255. REGULATING POLITICAL Also, it is not permissible to use or authorize the use of the What Does It Say? Austin, TX 78759 Additionally, simply confirming that political ad buyers are aware of the new changes to the Commissions disclosure requirements could go a long way in heading off problems down the road. :>Ey89r hY,,lmq*$#$NBJ_?G{Y$|zUoBC+\Ywa#5G4EN|wKG*h^ VZ Webpolitical advertising and legislative advertising requirements. He focuses his legal practice on complex commercial, media and First Amendment litigation. WebThis chapter applies to the Texas Ethics Commission created under Article III, Section 24a, of the Texas Constitution. 3H272a/AF4 je RI)HTH4,jv/}IKWG1/f./E|U[*Up;wk!~U}fo@]Xp>6H[N>Na[.eZEcvR]Ala5E i&,lZZ6vO}>`e7HadfUaaJ9Ay\]"gQv^$nk64Ae?>GH&-KBiq>=J >F*5fdeZ7;]GvcWXB'8UJIr3-C>G]22AF>& iA$#,xo((M4Scjn4QaF@hsKA>[ TEXAS ETHICS COMMISSION - Texas Secretary of State Page 3 of 4 13. 602 0 obj <>stream Box 12070 Austin, Texas 78711-2070 Visit us at (512) 463-5800 FAX (512) 463-5777 TDD (800) 735-2989 www.ethics.state.tx.us on the political advertising . An internal mail system is a system In fact, since its adoption, the amendment has not garnered any media attention. For instance, when the Commission first proposed the amendment back in November, 2018, not a single public comment was filed. Among other changes, the new rule exempts political advertising shared or re-posted on social media by persons other than a candidate or political committee from general requirements to disclose the message as political advertising and to identify the candidate or person responsible for the ad. Texas Noticeably absent, however, was any mention of whether the disclosure rules applied to re-posting or sharing of political advertisements by non-candidates on social media or the use of social media for political advertising by candidates or campaigns. endstream endobj 156 0 obj <>/Metadata 16 0 R/Pages 153 0 R/StructTreeRoot 38 0 R/Type/Catalog/ViewerPreferences<>>> endobj 157 0 obj <>/MediaBox[0 0 612 792]/Parent 153 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 158 0 obj <>stream (1) a communication supporting or opposing a candidate for nomination or election political subdivision." (2) a communication that advocates passage or defeat of a measure, and that: (A)
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